Thursday, 10 September 2015

PAKISTAN INSTITUTE OF MANAGEMENT ACT, 2010 SINDH ACT NO: I OF 2011

PROVINCIAL ASSEMBLY OF SINDH
NOTIFICATION
KARACHI, THE 22ND FEBRUARY, 2011

NO.PAS/Legis-B-19/2010- The Pakistan Institute of Management Bill, 2010 having been passed by the Provincial Assembly of Sindh on 8th November, 2010 and assented to by the Governor of Sindh on 8th February, 2011 is hereby published as an Act of the Legislature of Sindh.


THE PAKISTAN INSTITUTE OF MANAGEMENT ACT, 2010

SINDH ACT NO: I OF 2011
 AN ACT
 to provide   for   the   establishment   of an Institute at Karachi known as Pakistan Institute of Management.



Preamble  WHEREAS it is expedient to provide for the establishment of an Institute at Karachi known  as Pakistan Institute of Management and to provide for matters ancillary thereto:

It is hereby enacted as follows:-


1.  Short title and commencement      (1)       This Act may be called the Pakistan Institute of Management Act,
2010.

(2)       It shall come into force at once.

2. Definitions        In this Act, unless there is anything repugnant in the subject or context- a)    "Academic Council" means the Academic Council of the Institute;
 b)          "Authority" means any of the Authorities of the Institute;
c)       "Board" means the Board of Governors of the Institute;

d)       “Commission” means the Higher Education Commission;

e)       “Director" means the Director of the Institute;

f)        "Dean" means the Head of a faculty;

g)       "Faculty" means the Faculty of the Institute;

h)       Government means the Government of Sindh;

i)        "Head" means head of a Teaching Department;

j)        “Institute" means the Pakistan Institute of Management;

k)       "Patron" means the Patron of the Institute;

l)        “Prescribed” means prescribed by statutes, regulations and rules;

m)      "Registrar" means the Registrar of the Institute;





n)       "Statutes,   regulations   and   rules"   means   the   statutes,   the regulations and the rules respectively made under this Act;

o)       "Teaching   Department"   means   the   Teaching   Department established and maintained by the Institute; and

p)       “Teacher”   means   Professor,   Associate   Professor,   Assistant Professor and Lecturer, engaged whole time by the Institute and such person declared as such under this Act.


Powers and Functions of the Institute   (1)    There shall be established at Karachi an Institute to be known as the Pakistan Institute of Management consisting of-
i.   the Chairman, the Director, the Deans and other members of the Board;
ii.  the teachers and students of the Institute and its constituent units;
iii.   the members of such council, committees and other bodies as the Board may establish; and

iv.    such other officers and members of the staff as may from time to time be specified by the Board.

(2)  The Institute shall be a body corporate by the name of Pakistan Institute of Management having perpetual succession and a common seal, with power, amongst others, to acquire, hold and dispose of any property or investments and shall by the said name sue and be sued.

Establishment and incorporation of the Institute 
(1)  The Institute shall have the following powers-
a)     to provide for instructions and training in such branches of learning as it may deem fit, and to make provision for research, demonstrations, services to the society and for the advancement and dissemination of knowledge in such manner as it may determine;
b)     to admit and examine students;

c)    to  hold  examinations  and  confer  or  award  degrees,  diplomas, certificates and other academic distinctions on and to the persons who have passed its examinations under the prescribed conditions;
d)     to select and promote faculty;
e)     to confer honorary degrees;

f)       to  prescribe  courses  of  studies  in  the  branches  of  learning established by the Institute;
g)     to pursue research;

h)      to provide and support other facilities for education, training and research;

i)       to  enter  into  agreements,  contracts  and  arrangements  with universities, organizations, institutions, bodies and individuals for the purpose of carrying out its functions and activities; and

j)       to decide teaching methods and strategies in order to ensure the most effective educational and training programs.



(2).    The powers and functions under sub-section (1), shall be exercised and  performed   subjec to   general   contro and   directions   of Government.


5.Institute open to all classes, creeds etc.       The Institute shall be open to persons of either sex of whatever religion, race, creed, colour or domicile who are academically qualified for admission to the courses of study offered by the Institute and no such person shall be denied the privileges of the Institute on the ground of sex, religion, creed, race, class, colour or domicile.






6.Teaching and examinations in Institute.      (1)  The academic programs of  the Institute shall be  conducted in  the prescribed manner.

(2) The Institute shall associate external examiners for the conduct of examinations.

(3)  No  degree  shall  be  granted  unless  a  student  has  passed  an examination in the Islamic Studies and Pakistan Studies at the Bachelor's degree level or, in the case of a non-Muslim student, in Ethics and Pakistan Studies at his option.

(4)  In  prescribing  syllabi,  courses  of  studies  and  instructions  for  the conduct of studies, the Institute shall abide by the directions given by Government or the Commission.

7.Authorities of the Institute      The following shall be the Authorities of the Institute-
a)  the Board;

b)  the Academic Council;

c)  the Advanced Studies and Research Board;

d)  the Finance and Planning Committee;

e)  the Selection Board; and

               f)         any other Authority constituted by the Board.




8.  Officers othe Institute      The following shall be the officers of the Institute-
a)    the Chairman;

b)    the Director;

c)    the Deans;

d)    the Heads of Teaching Department;

e)    the Registrar; and

               f)    such other persons as may be specified by regulations to be the officers.




9. Patron (1) The Governor of Sindh shall be the Patron of the Institute-

(2)  The  Patron,  when  present,  shall  preside  at  the  convocation  of  the
Institute.

(3)  Every  proposal  to  confer  an  honorary  degree  shall  be  subject  to confirmation by the Patron.




.10.Visitation (1) The Patron may cause an inspection or inquiry to be made on his own motion in respect of any matter connected with the affairs of the Institute and shall, from time to time, direct any person or persons to inquire into or carry out inspection of-



i.    the  Institute,  its  buildings,  laboratories,  libraries,  and  other facilities;
ii.   any institution, department or hostel maintained by the Institute;
iii.   the adequacy of financial and human resources of the Institute;
iv.    the  teaching,  research,  curriculum,  examination  and  other matters of the Institute; and
v.   such other matters as may be specified by him.

(2). The Patron shall communicate to the Board his views with regard to the result of visitation and shall, after ascertaining the views of the respective Board, advise the Board on the action to be taken by it.

(3) The Board shall, within such time as may be specified by the Patron, communicate to him such action, if any, as has been taken or may be proposed to be taken upon the results of visitation.

(4) Where the Board does not within the time specified, take action to the satisfaction of the Patron, the Patron may issue such directions as he deems fit and the Board shall comply with all such directions.

(5) The Patron shall have full powers to take any action, as he may deem fit against the Institution, including the withdrawal of Charter and its closure.


11. The Chairman      (1)  The Chairman shall be an eminent scholar and an educationist of distinction and shall be appointed by the Patron on such terms and conditions as the Patron may determine.

(2). The Chairman shall in the absence of the Patron preside over the convocation.

(3)  If the Chairman is satisfied that the proceedings of any Authority or orders of any officer are not in accordance with the provisions of this Act, the statutes, the regulations or the rules, he may, after calling upon such Authority or officer to show cause why such proceedings or order, should not be annulled, by order in writing, annul such proceedings or orders.

(4)  The Chairman  may remove any person from the membership of any Authority if such person-i.     has become of unsound mind; or

ii.     has  been  incapacitated  to  function  as  members  of  such Authority; or

iii.      has been convicted by court of law for an offence involving moral turpitude or  has been found indulging in  any activity against the interest of the Institute.

(5) Should the Chairman be incapacitated from acting as such due to absence or any other cause, the Director or nominee of the Chairman shall act as Chairman.






12 The Director       (1)  The Director shall be an educationist or eminent scholar and shall be appointed by the Board on such terms and conditions as the Board may determine.

(2) The Director shall be the chief academic and administrative officer of the Institute and shall be responsible for the implementation of the decision of the Board and for the execution of the program of the Institute in accordance with the guidelines and policies formulated by the Board.
(3) The Director shall have powers to-
i.   submit plans of work and budget estimates of the Institute to the Board for consideration and approval;
ii.   direct the activities connected with the execution of programs for instructions, training, research and services to community;
iii.   incur expenditure provided for in the approved budget and to re- appropriate funds within the same major head of expenditure and report it to the Board in its next meeting;
iv.   sanction and re-appropriate an amount not exceeding one lac rupees for an unforeseen item not provided for in the budget, and report it to the Board in its meeting;
v.   appoint, on the recommendations of the Selection Board and with  the  approval  of  the  Board,       teachers,  officers  and members of the staff of the Institute and such other persons as may be necessary in accordance with policies and procedures approved by the Board so as to ensure the highest intellectual and moral qualities in the persons appointed;
vi.   submit to the Board, in accordance with the rules of procedure, reports on the activities of the Institute and the execution of the plans of work;
vii.   create temporary posts for a period not exceeding six months;
and
viii.   undertake any work assigned by the Board.


13 The Board       (1) The Board shall consist of the following-
 i.        the Chairman;
ii.     the  two  Members  from  the  Provincial  Assembly  of  Sindh, nominated by the Speaker;
iii.    a Judge of the High Court nominated by the Chief Justice;
iv.   the Chairman of the Commission or his nominee;
v.   the Secretary Education or his representative not below the rank of an Additional Secretary;
vi.   a Vice Chancellor of a University in public sector or an eminent scholar nominated by the Chairman;
vii.   a prominent and reputed industrialist;
viii.  a prominent and reputed business professional; and ix.  the Director who shall also act as Secretary.

(2)        The members of the Board other than ex-officio members shall hold office for three years.

(3)        No act or proceedings of the Board shall be invalid by reasons only of the existence of a vacancy in or any defect in the constitution of the Board.




14. Powers and Functions of the Board     (1)       The Board shall exercise and perform the following functions-

i.   to  hold,  control  and  administer  the  property,  funds  and resources of the Institute and to raise funds for the purpose of the Institute upon such security as may be required under the regulations;

ii.   to  undertake  responsibility  for  the  financial  viability  of  the Institute including responsibility for ensuring effectiveness of its operations, their continuity and preservation of the autonomy of the Institute;


iii.   to consider and pass the annual report, plan of work, statement of accounts and the annual budget estimates;

iv.   to  formulate  or  approve  the  principles,  policies  and  plans governing the activities and operations of the Institute so as to facilitate research, teaching and other academic work;
v.   to make statutes, and approve rules and regulations;

vi.   to prepare and revise from time to time rules and regulations for the efficient and effective operation of the Institute;

vii.   to create a component of the Institute such as faculties and departments  under  its  jurisdiction  and  to  constitute  such standing committees, sub committees, councils and other administrative or academic advisory bodies as it deems necessary, and review their work;

viii.    to call for and consider reports relating to the activities of the Institute and the execution of the plans of work and to direct the Director to furnish information relating to any matter specified by the Board;

ix.   to create such academic or administrative posts as it may deem necessary and to approve appointment to such posts by the Director;

x.   to prescribe the terms and conditions and duties of teachers and the employees;

xi.   to take all such initiatives as it may consider necessary for the efficient and effective management and functioning of the Institute;

xii.   to appoint teachers and other employees in BS 17 and above on the recommendation of the Selection Board; and

xiii.    to delegate any of its powers to the Director, Authority, officer or a committee subject to such conditions as it may impose.


15. Meeting of the Board      (1)  The Board shall meet at least twice a year on the dates to be fixed by the Director, with approval of the Chairman; provided      that      a special meeting may be called at any time by the Chairman  on the request by not less than five members of the Board to consider any matter of urgent nature.

(2)    In the case of a special meeting not less than ten clear days notice shall be given to the members of the Board and the agenda of the meeting  shall  be  restricted  to  the  matter  for  which  the  special meeting is called.

(3)    The quorum for a meeting of the Board shall be one half of its members a fraction being counted as one.

(4)  The decisions of the Board shall be expressed in terms of the views of  the  majority  and  voting  of  the  members  present  and  if  the members are equally divided, the Chairman have a casting vote.


16.Academic and AdministrativStaff      (1) The academic and administrative staff of the Institute shall be selected with a view to achieving its stated objectives.

(2)  The  basic  criteria  for  selection  such  staff  shall  be  the  highest standards of competence, integrity and efficiency; provided that in the case of academic staff, academic qualification and fringe benefit shall not be less than those approved by the Commission.








17 Institute Fund, Audit and Accounts       (1)       The Institute shall have a fund to which shall be credited income from fees, donations, trusts, bequests, endowments, grants, contribution and any other source.

(2)        No contribution, donation or grant, which may directly or indirectly involve any immediate or subsequent financial liability of the Institute or which may involve an activity not included in its programs for the time being shall be accepted without the prior approval of the Board.

(3)        The accounts of the Institute shall be maintained in such form and in such manner as may be prescribed by rules.

(4)        The accounts of the Institute shall be audited each year within four months of the closing of the financial year by a Chartered Accountant appointed by the Board.

(5)        The accounts, together with the report of the auditor thereon, shall be submitted to the Board for approval.

(6)        The auditor's report shall certify that the auditor has complied with the standards of audit and certification laid down by the Institute of the Chartered Accountants of Pakistan.




18  The Academic Council     (1)       The Academic Council shall consist of-
i.   the Director who shall be the Chairman;
ii.   all the Deans;
iii.   all the Heads of the Teaching Departments;

iv.   a nominee of the Education Secretary not below the rank of Deputy Secretary;
v.   the Executive District Officer (Education);

vi.   two  Assistant Professors and two Lecturers to be nominated by the Board;

vii.   three  persons  eminent  in  the  arts,  the  sciences  and  the professions one from each category nominated by the Board; and
viii.   the Registrar, who shall act as its Secretary.

(2)       The  members  appointed  by  nomination  shall  unless  removed earlier hold office for a period of three years.

(3)        The quorum for a meeting of the Academic Council shall be one third of the total number of members, a fraction being counted as one.


19. Powers and Duties of Academic      (1)        The  Academic  Council  shall  be  the  academic  body    of    the Institute and shall,  subject to the provisions of this Act and the Statutes, have the powers to lay down proper standards of instructions research, publication, examinations and to regulate and promote the academic life of the Institute.

(2)       Without prejudice to the generality of the foregoing powers and subject to the provision of this Act and the Statutes, the Academic Council shall have the powers to-
i.   advise the Board on academic matters;

ii.   regulate the conduct of teaching, research, publication and examination;

iii.   regulate the admission of students to the courses of studies and examinations in the Institute;

iv.   regulate the conduct and discipline of the students of the Institute;

v.   propose  to  the  Board  scheme  for  the  constitution  and organization of Faculties and Teaching Departments;

vi.   consider  and  formulate  proposals  for  the  Planning  and Development of teaching and research in the Institute;

vii.   prepare  regulations prescribing the  course  of  studies, the syllabi  and  the  outlines  of  tests  for  all  examinations and submit the same to the Board for approval;

viii.    regulate the award of studentships, scholarships exhibitions, medals and prizes;

ix.   appoint or nominate members to the various Authorities in accordance with the provisions of this Act; and

x.   perform such other functions as may be prescribed by the statutes. prescribed by statutes


Powers of other


20
The constitution, functions and the powers of the Authorities for which no specific provision has been made in this Act shall be such as may be
Constitution, Functions and


Authorities

21

The Board, Academic Council and other Authorities may from time to time appoint such standing, special or advisory committee as they may deem

Appointment of
Committees by

fit and may nominate such persons on these committees who are not
Authorities

members of the Authorities appointing the committees.


22

The  Authorities  and  the  other  bodies  of  the  Institute  may  with  the

Rules

approval of the Board make rules, consistent with this Act, statutes or the


regulations, to regulate any matter relating to the affairs of the Institute.


23

(1) The Institute shall work within the framework of the Education Policyand other law or policy framed by Government from time to time.

General Provision
(2) The  academic  qualifications,  salaries  and  fringe  benefits  of  the academic staff shall not be less than those admissible to such staff in public Universities in the Province.
(3) Annual monitoring charges as fixed by the Government from time to time shall be paid by the Institute through a pay order in the name of the Secretary Education, Government of Sindh for University Fund being maintained by the Governor’s Secretariat.


24  Interpretations      If any question arises as to the interpretation of any of the Provisions of this Act, it shall be placed before the Patron whose decision thereon shall be final.


25   Removal of difficulties     If any difficulty arises in giving effect to any of the provisions of this Act, the Chairman may make such order, not inconsistent with the provisions of this Act as may appear to him to be necessary for removing the difficulty.



26. First Statute   Notwithstanding anything to the contrary contained in this Act,   the First Statutes shall be deemed to be the statutes framed under this Act and shall continue to remain in force until amended, repealed or new statutes are framed in accordance with the provisions of this Act.

THE FIRST STATUTES

(See section 26)


1.The faculties The Institute shall include the following faculties and such other faculties as may be prescribed:-


(1)  Faculty of Business Administration; (2)  Faculty of Public Administration;
(3)  Faculty of Computer Science

(4)  Faculty of Information Technology; (5)  Faculty of Business Law;
(6)  Faculty of Economics;

(7)  Faculty of Business Psychology; (8)  Faculty of Mathematics; and
(9)  Faculty of Sociology.



2.Board of Faculty (1) There shall be a Board of each Faculty which shall consist of-
  i.     the Dean of the Faculty;
ii.   the Professors and the Heads of the teaching departments;

iii.   one  member  other  than  Dean  and  Head  of  each  teaching department to be nominated by the Head;


iv.   two teachers nominated by the Academic Council by reason of their specialized knowledge of the subjects  which,  though not assigned to be faculty,   but has in the opinion of the Academic Council,  important  bearing  on  the  subjects  assigned  to  the Faculty;

v.   two experts in the relative field from outside the institute to be appointed by the Board; and
vi.   one member to be nominated by the Director.

(2)    The  members other  than  ex-officio members shall  unless  removed earlier, hold office for a period of three years.

(3)     The quorum for a meeting of the Board of the Faculty shall be one-half of the total number of members, a fraction being counted as one.

3.  (1)     The Board of each Faculty shall, subject to the general control of the Academic Council   and the Board will have the powers to-
i.   co-ordinate the teaching, and research work in the subjects assigned to a Faculty;

ii.   scrutinize the recommendations of the Boards of Studies comprising the Faculty with regard to the appointment of paper-setters and examiners for graduate and post graduate examinations and to forward the   panels   of   suitable   paper   setters   and   examiners  for   each examination to the Director;

iii.   consider any other academic matter relating to the Faculty and report thereon to the Academic Council;

iv.   prepare a comprehensive annual report regarding the performance of each Department, comprising the faculty for presentation to the Academic Council; and
v.   perform such other functions as may be prescribed by statutes.

4Functions of the Board of Faculty.(1)    There shall be a Dean of each faculty who shall be the Head and
Convener of the Board of Faculty.

(2) The Dean shall be appointed by the Board from amongst the three most senior Professors of the faculty on the recommendation of the Director and shall hold office for a period of three years and shall be eligible for re- appointment.

(3) The Dean shall have such powers and perform such duties as may be prescribed by the Board on the recommendations of the Director.


5.Teaching departments and heads of the department    (1)  There  shall  be  teaching  department for  each  subject  or  a  group  of subjects, as may be  prescribed by Regulations and shall be headed by a Head of Department.

(2) The head of teaching department shall be appointed by the Board on the recommendations of the Director from amongst three senior most Professors, Associate Professors or Assistant Professors other than Professor already working as Dean for a period of three years and shall be eligible for re-appointment.

Provided when in a Department, there is no Professor or Associate Professor or Assistant Professor, no such appointment shall be made and the department shall be looked after by the Dean of the Faculty with the assistance of the senior most teacher of the department.(3) The Head of the Department shall-

i.    plan, organize and supervise the work of the department and shall be responsible to the Dean for the work of his department;

ii.  under the general supervision of the Director and the Dean shall exercise all administrative, financial and academic powers  and  such  other  duties  or  powers  as  may  be delegated to him; and

iii.  prepare a comprehensive annual report on the performance of the department at graduate and postgraduate levels, and faculty research  and  development  and  submit  it  to  the  Dean  of  the Faculty for evaluation.


6.Board of Advanced Studies and Research(1)      The Board of Advanced Studies and Research shall consist of- i.     the Director as its Chairman;
ii.   all Deans;

iii.   one Professor  from each  faculty  having experience in research in relevant field to be appointed by the Academic Council;

iv.   one Professor  from each faculty other than Dean to be appointed by the Board;
v.   one member to be nominated by the Director;

vi.   three members from the relevant field of Research Organizations and
Government Departments to be nominated by the Board; and vii.   the Registrar who shall act as its Secretary.

(2)    The term of office of the members of the Board of Advanced Studies and Research, other than ex-officio members, shall be for a period of three years.

(3)    The  quorum  for  a  meeting  of  the  Board  of  Advanced  Studies  and Research shall be one half of the total number of members, a fraction being counted as one.





7.Functions of Board of Advanced Studies and Research      The functions of the Board of Advanced Studies and Research shall be to-

a)  advise the Authorities on all matters connected with the promotion of advanced studies, research and publications in the Institute;

b)  consider and report to the Authorities on the institution of research degrees;

c)  propose regulations regarding the award of research degrees;

d)  appoint  supervisors  for  postgraduate  research  students  and  to approve titles and synopsis of their thesis or dissertations;

e)  recommend panels of names of examiners for evaluation of their thesis and other research examinations; and

f)   perform such other functions as may be prescribed by the statutes.

8.Selection Board     (1) The Selection Board shall consist of-
i.   the Director who shall be the Chairman;
ii.   the Dean of the concerned Faculty;
iii.   the Head of the concerned teaching Department;

iv.   one member of the Board to be nominated by the Board; v.   one eminent scholar to be nominated by the Board; and vi.    one subject expert to be nominated by the Board.
(2)       The Registrar shall be the Secretary of the Selection Board.

(3)    The members other than ex-officio members shall hold office for a period of three years.

(4)      The quorum for a meeting of the Selection Board shall be four.

(5)  No member who is a candidate for the post to which appointment is to be made shall take part in the proceedings of the Selection Board.

(6) In selecting candidates for the posts of Professors, Associate Professors or Assistant Professors,   the Selection Board shall co-opt or consult three experts  in  the  subject  concerned and  in  selecting candidates for  other teaching posts two experts in the subject concerned, to be nominated by the Director from a standing list of experts to be revised from time to time, for each subject approved by the Board on the recommendations of the Selection Board.






























9.Functions   of   the Selection Board   (1) The Selection Board, for teaching and other officers shall consider the applications and recommend to the Board the names of suitable candidates  for  appointment  and  recommend  suitable  salary  for  the person concerned.

(2) The Selection Board shall consider all cases of promotion or selection of officers of the Institute and recommend the names of suitable candidates for such promotion or selection to the Board.





(3)  In the event of an unresolved difference of opinion between the Selection
Board and the Board the decision of the Board shall be final.



10 Finance and Planning Committee       (1) The Finance and Planning Committee shall consist of- i. the Director who shall be the Chairman;
ii.   all the Deans;

iii.   one member of the Board to be nominated by the Board;

iv.   one member of the Academic Council to be nominated by the
Academic Council;

v.   one representative each from Education and Finance Departments not below the rank of Deputy Secretary; and

vi.   the Treasurer who shall act as Secretary.

(2) The term of office of the nominated members shall be for a period of three years.

(3)   The quorum for a meeting of the Finance and Planning Committee shall be five members.







11Functions of the Finance and Planning Committee The functions of the Finance and Planning Committee shall be to-

i.    prepare the annual statement of accounts, propose annual budget estimates and advise the Board thereon;

ii. review periodically the financial position of the lnstitute;

iii. advise the Board on all matters relating to finance, investments and accounts of the Institute; and

iv. perform such other functions as may be prescribed under the statutes.










BY ORDER OF THE SPEAKER PROVINCIAL ASSEMBLY OF SINDH


HADI BUX BURIRO SECRETARY

PROVINCIAL ASSEMBLY OF SINDH

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